The opening clause of the Mandal Commission report, “Equality only among equals, to equate unequally is to perpetuate inequality,” on its own explains graded inequality in the caste system in India. The majority view of the commission was that caste should be used as the indicator for marginalisation. The government disregarded the findings because it believed that the caste system was not the main obstacle to societal advancement.
The Janta Dal administration appointed the second panel on the underprivileged (Mandal Commission) in 1979. It made the same recommendation as the first commission: caste should be used to define backwardness. All other economic tests were disregarded. Therefore, when it comes to the validity of EWS, the Supreme Court’s judgement downgrading the concept of affirmative action, and the graded imbalance in caste status that the current government and judiciary have not taken into consideration. Over time, many questions have arisen that have gone unaddressed.
EWS reservation and its constitutional validity
The entire community is demonized in public discourse as freeloaders at the dinner table talk and is only granted reservations on the basis of merit. Why, therefore, are EWS objections being portrayed in this manner? Brahmins, who belong to the top caste, control the media completely. They are in charge of information generation and dissemination. It is traumatising to either have to prove yourself every time. There is substantial evidence that students from reserved categories undergo discrimination from teachers and peers. Since I was enrolled at the University Of Delhi, all of my batchmates would frequently ask me for my rank and make a mockery of the reservation system. Wasting taxpayer money is another narrative tackle reservation system. Many people argue that reservations are making India inefficient, but we must remember that some freedoms, such the freedom of choice in career, employment prospects, and education, are vital preconditions for economic efficiency.
What are the economic disadvantages?
The contentious EWS quota for the Savarna people is not in line with the spirit of the Constitution. The constitution ensures that socially marginalised groups receive justice and that they are adequately represented in government and educational institutions so that they may participate in national social life. The EWS reservation, however, makes no mention of these issues. The principles of eliminating socioeconomic inequality and guaranteeing widespread representation are violated. The savarnas fall short on these two points in terms of fulfilling the prerequisites. Instead, the administration and educational institutions are overrepresented by savarnas. The savarnas are at the top, according to recent polls, daily attacks on socially marginalised groups, and the practise of untouchability.
After the reservation system was put into effect in 1950, the idea of an economically weaker group evolved. To refute this idea, academicians from the higher caste devised the theory of merits, which justifies reservations on the basis of economic disadvantages. After the Mandal Commission’s recommendations were put into effect, the debate over the merit-based reservation system took on significant relevance in the public sphere. Whenever there is news of medical malpractice committed by a doctor, it is discussed whether the doctor belongs to a reserved category or not.
Reservation for whom?
Communities that are SC & ST OBC have endured cruelty and prejudice for many years. They were denied access to high-quality healthcare and education. At the time of independence, most of them were underprivileged. At that time, not all schools and employers were willing to hire members of these groups as employees. And as a result, there would have been far longer periods of poverty in the communities. However, reservations provided them with constructive discrimination and boosted many individuals. Due to reservations, there are now wealthy and middle-class residents in certain areas. Even today, a significant portion of those living below the poverty level are members of the SC & ST. large proportion of the wealthy and middle class, classifications are OBC and OC property. Even now, caste discrimination is used to victimise members of various communities. According to one case study, people from certain communities have trouble finding a place to rent and a temporary job if they disclose their caste names. These factors support caste-based discrimination because they spare people from Other Castes the hassle of moving to a new city, pursuing an education, and finding employment.
What is the reservation system in India?
Reservation and the theology that encourages it emerged from the biblical Hinduism and varna structures that allowed to discriminate against the majority of the population, who were forced to live in utter misery for more than a millennium. During the rule of the British, some intelligent and rational philosophers and scientists acknowledged the oppression of this system and voiced support for a change. Ambedkar rejected caste and attempted to abolish it after Witnessing Phule’s denunciation and reformation of society, as well as the manufactured religion of Brahminism. The Constitution’s forefathers were very worried about the nation’s sluggishness.
It is clear that several phrases have been employed to define the backward classes under the Constitution’s provisions. The terms “socially and educationally backward classes” and “backward classes” are used in Articles 15(4) and 340, “backward classes” is used in Article 16(4), and “weaker elements of the community” is used in Article 46 (Directive Principles). Similar to the phrase “minorities,” these words are not specified in the Constitution, which has sparked debate and protracted legal battles. To prevent any special measures taken for the economic, social, or educational progress of any disadvantaged group of citizens from being contested on the grounds of discrimination